California Lawyers Association
Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement
(CLA 2021 Walk Challenge)
By electronically signing this Agreement, and in return for being permitted to participate in the CLA 2021 Walk Challenge (the “Activity”), including any associated use of the premises, facilities, staff, equipment, technology, and/or services of California Lawyers Association (“CLA”), its affiliates, and/or their respective vendors/service providers, I, for myself and on behalf of my heirs, personal representatives, and assigns, agree as follows:
Waiver and Release of Liability: I do hereby release, waive, discharge, and promise not to sue CLA, its affiliates, and its and their respective directors, officers, employees, and agents (collectively the “Releasees”), for and from any and all liability (including, without limitation, any liability based on the negligence of the Releasees), in connection with my participation in the Activity, including, without limitation, any liability arising from (i) the use by me of the premises, facilities, staff, equipment, technology, and/or services of CLA, its affiliates, and/or their respective vendors/service providers in connection with the Activity, or (ii) the use of my name and likeness in connection with the Activity. I further agree that this Agreement shall extend to all claims that may exist, whether or not I know or suspect the existence of those claims, and I (and on behalf of my heirs, personal representatives, and assigns) expressly waive my rights under California Civil Code Section 1542, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Assumption of Risks: I understand that the Activity requires a minimum level of fitness and health and that each person has a different capacity for participating in the Activity. I am the best judge of my own capacity, level of fitness, and health to determine whether I should participate in any physical activities, including the Activity. My participation is completely voluntary and I am a willing participant. I acknowledge that there are potential physical risks involved in any exercise activity, and that participation in the Activity includes risks and hazards, including physical injury or even death. I am fully aware of the risks and hazards connected with participation in the Activity, and hereby elect to voluntarily participate, knowing that the associated physical activity may be hazardous to me and/or my property. Injuries may be minor or serious, and may result from my own actions, or the actions or inactions of others, or a combination of both. In addition, I am aware that COVID-19 has been declared a pandemic by the World Health Organization; that certain federal, state, and local restrictions have been enacted to slow the spread of COVID-19; and that there is a possibility that I may be exposed to or become infected with COVID-19 as a result of or in connection with my participation in the Activity. I also acknowledge that my participation in the Activity may involve using apps/technology provided by CLA or its vendors/service providers, that such apps/technology may not function as expected/intended, and that the use of such apps/technology may involve certain risks, including, without limitation, privacy risks including exposure/loss of personal information.
I VOLUNTARILY ASSUME ALL OF THE FOREGOING RISKS AND ACCEPT FULL RESPONSIBILITY FOR ANY LOSS, PROPERTY DAMAGE, ILLNESS OR EXPOSURE TO ILLNESSES INCLUDING COVID-19, OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or loss or damage to property owned by me, as a result of participation in the Activity.
Indemnification and Hold Harmless: I also agree to indemnify and hold the Releasees harmless from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees, arising out of my involvement in the Activity, and to reimburse CLA for any such expenses incurred.
Severability: I further agree that this Agreement is intended to be as broad and inclusive as permitted by law, and that if any portion is held invalid the remaining portions will continue to have full legal force and effect.
Governing Law and Jurisdiction: This Agreement shall be governed by the laws of the State of California, without regard to its conflict of laws rules, and any disputes arising out of or in connection with this Agreement shall be under the exclusive jurisdiction of the Courts of the State of California, Sacramento County.
Binding Effect: This Agreement shall be binding on, and shall inure to the benefit of, any assigns and/or successors-in-interest to me and the Releasees.
Publicity Authorization. I understand that photos or videos of me may be taken in connection with my participation in the Activity. By signing below, I hereby grant CLA the right to use my name and likeness, and authorization to take and use visual/audio recordings or images of me in connection with participation in the Activity without further consent from, or any royalty or other compensation to, me. There is no time limit or any geographic limitation where visual/audio recordings or images of me may be distributed, published, or used by CLA. I understand that such materials may be edited, copied, exhibited, published, or distributed and that I have no right to review or approve any visual/audio recordings or images of me before they are used.
I have read this Waiver and Release of Liability, Assumption of Risk, and Indemnity Agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT I AM FULLY AWARE OF AND ASSUME THE RISKS (INCLUDING, without limitation, THE RISK OF SERIOUS BODILY INJURY, ILLNESS, OR DEATH) RELATED TO MY PARTICIPATION IN the ACTIVITY. i confirm that I am at least 18 years old, that I am signing this Agreement freely and voluntarily, and that I intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.